>> good morning to you. i am ainsley earhardt. >> i am heather nauert. it is wednesday november the 28th. thanks so much for watching "fox & friends first". it is time now for your 5@5. the top five stories making news at this hour. lawyers at a justice department and house over site mranl now trying to settle a lawsuit over fast and furious themselves a new negotiation. the committed three by duff. they want the attorney general to hand over critical documents related to the botched gun running operation.

two guns used in the operation were found at the scene of the 2010 fatal shooting of border patrol asht brian perry. bob dole is expected to be released from the hospital today. he was admitted to walter reed medical center yesterday for what is being described as a routine procedure. the 1996 republican presidential nominee and the 1996 republican vice presidential nominee has been hospitalized multiple times in recent years including for a leg infection in 2009. fighting for rights for u.s. servicewomen to end the ban on women serving in direct combat position. there are no clear front lines and women often find themselves engaged in combat anyway. they say they are denied promotions because many leadership positions come with the combat jobs. >> the biggest security breech in all u.s. history is set to

testify. bradley manning is expect to do claim he is being illegally punished after being locked up alone for nearly 9 months. man something the one who is accused of leaking thousands of classified documents to the web site wikileaks. if convicted he is 24 years old and he will go to prison for the rest of his life. >> how does a cool 500 million sound? that's the new record jackpot lottery power ball up for grabs. they stole a quarter of a million dollars of tick -- they stole a quarter of a million dollars worth of tickets. ticket sales are soaring with people hoping to lhit it big. >> i don't know about nobody else. >> i would first spoil my family and fill myself with $1 bills.

>> you can get a ticket until at least an hour before the drawing. that's your 5@5:00. this week goes to the brew on this question of the day or issue of the day. we all dream of this. take a look right there. ♪ (screaming) >> that's how i will be reacting tomorrow morning. if you want to play the power ball jackpot you have a one-in 175 million shot at winning. it could happen to you but you are more likely to pick a perfect ncaa racket or odds to giving birth to identical quadruplets for 13 million who won it. for all of you guys out there you are more likely to date a super model than win the power ball. >> puts it in perspective, doesn't it? >> if you were to beat the odds what would you do with a 500

million bucket? shoot us an e-mail at foxnews.com or we will read it later in the show. >> let's get the first degree weather update from maria molina. there's a new storm you are watching. >> that's right. good to see you. we had a stormy weather pattern across portions of the east. snow showers and snow across portions of the northeast and heavier aim to the south. behind that storm system much quieter the northeast southeast looking good. drying things out but cooling down significantly. 36 the temperature over new york city. only in the 20s across portions of the great lakes even across the southeast. rally north carolina 30 degrees out there 40 in atlanta. cool start to your morning. high temperatures we won't be warming up in the great lakes. 40 in chicago, in the 50s in

raleigh north carolina. behind this storm not looking like we will see much in the way of precipitation. i don't think we will have many issues but we are expecting to see lake-effect snow kick up a notch across up state new york and northeast. as we head westbound this is the next storm system lingering for several days starting today through the week end. we could be looking at half foot of rainfall. we are looking at significant issue as we head toward several days. good news here. take a look at all of the rain early friday morning. not looking good we have flood watches in effect. maria thank you so much. um concerned now more than before that the explanation of how four americans died in benghazi libya byam ambassador rice does not do justice to the

reality at the time. lindsey graham one of the three senators who mreft the meeting with ambassador susan rice more troubled. rice will take her case on benghazi with two more republicans. peter doocy is live with more on this story. >> good morning ainsley. if ambassador susan rice thought a quick trip to the capital to meet with some of her biggest critics she was mistaken. >> we are significantly troubled by many of the answers that we got and some that we didn't get concerning evidence. it is overwhelming leading up to the attack on our consulate. >> i am more troubled today knowing how they met with the acting director of the cia and ambassador rice. >> senator mccain walked away from that meeting with

ambassador rice and acting cia director michael morrell with a sense that at the time of ambassador rice infamous sunday show appearances there was xheling evidence including statements by libyan and some americans that proved there was never a demonstration by a mob mad about a movie. for her heart rice is describing her meeting with the lawmakers like this. she says we explained the talking points by the intelligence community and initial assessment on which it was based were incorrect there was no protest or demonstration in benghazi. while we certainly wish we had perfect information just days after the terrorist attack as is often the case the ingenls assessment has evolved. she said to the lawmakers yesterday neither she nor any one in the obama administration intended to mislead any of the american people at any stage in the process. she is set to tell her story to

two more republican senators today. ainsley? thank you, peter. we are going to stick with that theme and take a look at who is talking. she was reporting ambassador rice acknowledged the administration's assessment was wrong and says the protest did not spark the attack. >> for weeks after the attack the president continued to point at the video as cause for the attack. the white house briefing james rosen looks for the answers. listen to this. >> references to this protest that never occurred and the demonstrations that never occurred in benghazi were a staple of president obama pronouncements about benghazi all of the way through september 25th at the united nations. >> james i appreciate the question and there have been some very interesting answers to these questions of late. but i would make the point that as ambassador rice makes clear

in this statement that those initial assessments were wrong in one key respect. there were no protests outside of the benghazi facility. to this day it is the assessment of this administration and intelligence community and certainly the assessment of your colleagues in the press who interviewed participants on the ground in the assault on our facilities in benghazi that they were -- they acted at least in part in response to what they saw happening in and took advantage of that situation. again, what your question seems to suggest is that it is more important that i or others use -- talking points provided by the intelligence community than actually what happened in benghazi. >> why did the white house stand by the claims that the video was

to blame for the attack on our consulate. here is charles krauthammer's analysis. >> this is the clearest most simple explanation for why a complete whopper was told to america on all five shows by susan rice. it did -- the real story would have gone against the narrative. remember the time frame here. we are just a week and a half after the charlotte convention. we are just after day after day after day of democrats dancing on the grave of bin laden proclaiming al qaeda debt and their only achievement in foreign policy saying over and over again want bin laden dead. after a way to fend off all attacks on otherwise speckled foreign policy they have the assassination of an ambassador first time in 30 years happening within a week and they have to find a cover story. krauthammer saying it may not have been a deliberate brat

conspiracy. as the story developed the white house saw a way to try to make it nonpolitical. no to stores you ca stories youk on. they have a little time before fiscal cliff. lack of progress. >> we are a little over four weeks away from the fiscal cliff and still no progress. there is a massive tax hike in spending cuts, it only intensifies on comments by harry read essentially confirming the budget talks still remain worlds apart. the dow down nearly 90 points. >> this will be a big topic in the future. college loan debt. that could be the next housing bubble. >> the federal lending making college education to any one is really only creating a pile of debt so large that since 2007 it has risen 56 percent while other

forms of debt like auto debt mortgage debt that declined. u.s. student debt rose $950 billion according to the federal bank of new york. now 11 percent of those balances are at least 90-days late. that is higher than credit card late payments for the first time in history. >> if the student continue to default that is the u.s. taxpayers picking up the tabs. >> most of the student debt is in the grace period so the number is probably even higher. >> we will keep following that one. christmas air fares are expected to be up. airlines continue to gouge us. >> you will pay 8 percent more than last year. avoid november 22nd, 23rd and 26th. if you fly on the 22nd and home on the 29th saturday to saturday you will pay 27 percent more than last year. new years flights are up by about 5 percent. >> pack up the mini van.

>> it is now 12 minutes after the hour coming up if the epa gets its way you could be paying 9 more cents a gallon for gasoline. why the agency could be costing thousands of people their jobs, too. plus it has been a lonely year for lady liberty. she has only been open for one day this year. now she is being force to do lay people off. first as we go to break let's take a look at the tonight show with jay leno. >> i think president obama is getting positive about the economy. he was shopping at a book store the other day. >> president buying a book. can we go over his shoulder what books he is getting? (laughter) >> oh. and actually like somethi.

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i know, right? [ male announcer ] introducinbankamerideals, free for online banking customers. sign in to your online banking to choose your deals today. this bible changed the world. i'm kirk cameron. four hundred years ago our forefathers risked their lives to bring this bible to the shores of america. because it contained the principals for economic liberty, political liberty and religious freedom. the 1599 geneva bible. it was the first

complete english translation, complete with chapters, numbered verses and 300,000 utterly unique study notes. it actually came out before the king james version and because the government didn't authorize it, it was outlawed. but it was a bible by the people, for the people, the book that built america. and now for the first time in 400 years it's available again in a beautiful leather edition. i have one, i want you to have yours too. please visit genevabible.com and get your copy of this rare and historic version of god's word today. thank you and may god bless you.

>> it is 16 after the hour. super storm sandy cost 400 people their job os ellis island. it had just reopened after a restoration one day when sandy hit. the historic landmark was badly damaged that storm. lady liberty and ellis island will remain closed until at least january for those repairs. a shocking study on pork. consumer reports tested 200 raw samples from super markets all across the country. they found 69 pirs of them contains the bacteria that can cause fever, cramps and other symptoms. the good news is the bacteria can be killed as long as you cook your pork long enough. it is time for a segment we like to call what the hill? you about to find out why. now that president obama has won reelection you may soon feel that effect on your wallet.

it is because of the rules of the epa. fox business network peter barns explains. >> the top senate critic of the environmental protection agency says after delaying regulations to help president obama win the election the epa is about to flood the election with new rules about consumers and jobs. >> he said jews give me a chance to get re-elected then we will come together. >> the senate environment and public works committee a report by his staff contends new gasoline rules by the epa can add up to $0.09 on a gallon. rules to clean up hydraulic cracking and oil and gas could add 500,000 dollars in gas annually expenses that could be passed on to consumers. tougher standards could destroy 800,000 jobs a conservative free market group the heartland

institute presented imhoff with 16,000 petitions demanding quote congress control the rouge agency. >> everything the epa does have a cost. we need to make sure the costs are in line with the benefits. >> some ak noodge higher costs and some regulations. so say the benefits out weighed them. with expected clean air regulations on coal fired power plants. >> we are talking about increase nationally of between 2 and 3 percent in electricity rates as opposed to the price we pay 45,000 lives lost every year 480 billion in eek amic costs from the health problems. the white house and epa did not respond fto our requests fo comment. it seeks to balance economic situation on deciding new regulation. in washington peter barns fox news. 20 minutes after the hour next on the rundown another town is dealing with a nanny mayor. he is telling people what they

can and can't do in all public places. we will tell you about this. one college might end up in court as they try to take christmas out of a christmas tree sale.

>> good morning to you. it is 24 minutes after the hour. a look at the headlines. a teen charged with murdering the 10-year-old in colorado will be tried as an adult. a judge also ruling the 17-year-old is fit to be held at

the jail. he kidnapped ridge way while she was on his way to school last month. another community takes a stand against smoking. starting a little over a month those in cherry hill new jersey will no longer be able to smoke on public property. the township council banning smoking around publicly owned buildings and the township 52 parks. ainsley? >> thanks heather. they are already looking ahead to the next election. in 2014 and they are trying to do something about their low numbers. >> aware of the changing demographics of the u.s. congressional republicans said they are intent on wouldn'ting voters. >> in the house a puerto rican born republican who won majorities in the 1st district is resurrecting the stem jobs bill signs technology engineering an math.

it would hit the green card lottery which selects 55,000 immigrants with countries from low immigration rates and reallocate them to post grad cat degree holders. >> this is an important lease of less layin regulation. businesses are saying they need high skilled workers and they are not finding enough. >> the stem bill is uniquely appealing to conservatives and i am grants. it allows them to bring families to the u.s. and foreign born engineers returning home. >> these communities agree with us on a lot of the issues. the problem is they don't listen to us because they think we don't welcome them in our parties. nothing could be pfurther than the truth. we want more people to join our party. >> it will pass in the house despite resistance to democrats who reject to replacing the green card lottery. >> why do you have to eliminate 55,000 people from africa and

eastern europe? aren't they just as valuable? aren't they just as worthy? >> the jobs bill will be later on this week. retiring republicans have introduced their own bill the achieve act. it would grant a pathway to citizenship for i am grans who seek a college education or military experience but who turn down welfare. in washington doug mcelway, fox news. coming up does your mother always nag you about getting married? dr. keith ablow is here to determine if she is normal or if she is not. >> of course she is not nuts. >> oh boy 19 newborns do something that has never been done before in the same hospital. we will explain. plus on this day in history back in 1970 george harrison released his hit song "my sweet lord." ♪

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call lifelock right now and try 60 days of identity theft protection risk-free. 60 days risk-free! use promo code: onguard. order now, and get this document shredder, a $29 value, free! call or go online now. [♪...] >> good morning to you. welcome back to fox and frenz -- "fox & friends first". >> it is 30 minutes after the hour. >> it is time for your top 5@5:30. over 200,000 people filled cairo's square raging against

the president mohammed wrshg orsi. >> pro tests chanting leave, leave de p manning he reverse his power grab from last week. morsi's opponent through tear gas at one another. 6 months before anwaral can i was killed this according to newly released state department documents. requested him to pick up an important letter in person the letter telling him his passport would be taken away. there is no evidence that he received that letter. >> like a terrorist is going to pick that one up. big taco being -- big tobacco

package they deceived people about the darrenings of smoking. they have to include the specific facts of the danger. the ads will run as long as 2 years the tobacco company could try to appeal. >> a north carolina college could be heading to court after taking the christmas outer christmas trees. the alliance defending freedom group threaten to do sue the college accusing them of violating first mainedment rights. they had an announcement for christmas tree sales with you it was changed to say holiday trees instead. why? it can't market it as a christian event. >> listen to another owe boy story. it is raining boys in the state of minnesota at a delivery room there starting on black friday there were 19 baby boys born all in a row. that's the interesting part of this. the staff saying they have never heard of such a thing.

>> oo i haven't been in three places before. we knew the number was eventually high. >> we knew it would be something out of the ordinary. a little baby girl broke the streak. the girl's father happens to be ceo of a diaper company. when he heard about the boy streak he decided to give each mother a three month supply of diapers. >> that is your 5@5:30. >> it is raining boys instead of raining men. ceo's from some of the top countries. they are headed to the white house today weighing in negotiations over the fiscal cliff as the president tries to pick up outside support for his proposed tax increases. doug luzader joins us live from washington with more. hi, doug. >> ainsley good morning. business leaders are pleading with the white house to come up with some kind of a deal to assert spending cuts as part of the big fiscal cliff.

no deal in sight yet. take a look at what happened on capitol hill yesterday. naked protestors stormed the office of house speaker john boehner. they are protesting cuts in healthcare they say but shows how any kind of spend wiing cut are nearly impossible these days and they are warming for the president's call to raise tax revenue. many democrats are emboldened since the election refusing to talk about any specific cuts to federal spending. president obama and democrats ran on a promise of bush tax rates. president obama didn't hide that last year of the campaign every place he went that's what he talked about. americans when they voted raised their voices and supported our pledge congress acted in accordance with the will of the people. there's a debate of how to raise taxes.

if government spending isn't paired back in some way republicans may not fine off on a deal. >> oo we already know the president is a good campaigner. we congratulate him on his reelection. what we don't know is whether he has the leadership qualities to lead his party to a bipartisan agreement on big issues like we currently face. big issues include things like medicare and medicaid. will those be part of a final we will see. the president needs time to put on a pr push. he heads to pennsylvania friday f for a campaign style push to raise taxes. before you leave the house this morning let's get the first degree weather update from maria molina. >> it is quiet out there but you say there's a storm to the west.

>> heavy vain not just today but as we head into thursday, friday and even into the weekend. we are talking about dangerous weather conditions. we will touch on that in a moment. northeast and mid atlantic areas of heavy rain. you will also notice temperatures a lot cooler especially during the morning hours for many widespread temperatures in the 30s. we will deal with snow showers behind this storm system some of that could be in the form of lake-effect snow across up state new york. quiet right now we won't be expecting snowfall accumulations. here's a look at the storm system large system bringing in the clouds in portions of the pacific northwest. it will be feeling some impact all of the way to california including the area from la the storm system several days. the heaviest of the rain will be across northern california.

that's what it is looking at rainfall accumulations 4-8 inches locally higher amounts will be possible. flooding of course a huge concern out here. we have flood watches across northern california. look at the current temperatures cold teens in rapid city. as we head into the afternoon 36 the high in minneapolis and 41 will be the high in new york city. it will be a little bit of a blesery day in new york city. >> it is time to entertain this. he crashed his own tv show calling it filth. >> two and a half men. if you watch two and a half men please stop watching two and a half men. i am on two and a half men i don't want to be on it. please stop watching it. please stop filling your head with filth. >> that is angus p. jones to plays on two and a half men. he is apologizing. he released a statement i

apologize if my remarks reflect me showing indifference to my colleagues. he makes 350,000 dollars per episode. >> backstreet boy aj maclaine is now a new dad. the singer and his wife welcomed their first child. a baby girl named av vau jane. got married last december. >> crowned the first ever all stars champion. >> the winners and champions of dancing with the stars all stars are... now they have won two, melissa and tony. >> all so serious. reality tv star melissa rycroft narrow lijing out olympic star shawn johnson. >> philadelphia phillies capture carlos louise has been suspended

for the first 25 games of next season. he tested positive for an amphetamine. they say it was add roll which is not a steroid but is banned by baseball. the hall of fame ballot comes out with barry bonds and roger clemens and sammy sosa will be on it. they will be voting and fans will find out if accusations of enperformance enhancing drugs will keep these guys out of the hall of gamfame. >> sean jackson the latest player on the injured list. jackson suffering full tim wrist fractures during monday night's loss. the eagles lost 7 straight games so far. the power ball jackpot tied with a record setting $500 million and millions of us are lining up to test our luck. they are up against tough odds. if your chances of winning your chances of winning are 1 in 175

million, of course it could happen to you. what would you do with the $500 million if you won? send us your tweets and your e-mails. it is 39 after the hour. still ahead is your states one of the best run or worst run in our country? a look at the rankings next. >> he was supposed to drop them off at a school but instead the 4-year-old spent the entire day on a bus that was locked. we will tell you how it whole thing ended.

this bible changed the world. i'm kirk cameron. four hundred years ago our forefathers risked their lives to bring this bible to the shores of america. because it contained the principals for economic liberty, political liberty and religious freedom. the 1599 geneva bible. it was the first complete english translation, complete with chapters, numbered verses and 300,000 utterly unique study notes.

it actually came out before the king james version and because the government didn't authorize it, it was outlawed. but it was a bible by the people, for the people, the book that built america. and now for the first time in 400 years it's available again in a beautiful leather edition. i have one, i want you to have yours too. please visit genevabible.com and get your copy of this rare and historic version of god's word today. thank you and may god bless you. >> outrage after a 4-year-old boy gets left on a school bus for five hours. the boy had fallen asleep and the bus driver p and aten sdant notice. he wasn't found until the afternoon when the staff members boarded. luckily he is okay. the driver and the attendant have been fired.

ladies which do you prefer when it comes to the man's body type do you like the wrestler type for a body type like ryan gossel gosselin. more women favor a ryan gosselin type. women respond more favorly to thinless when ranking their men over masculinity. this is because being thin indicates a better immune system that could be passed on to your children. >> isn there is no question tha some states are doing better than others fiscally. there is a new survey that ranks how well each state is run. which state has the recipe for success and which one needs some serious revamping? diane macedo has a look. >> how can you focus with a picture of ryan gosselin up there? >> financial health standard of living government services to

figure out how each one goes. north dakota ranks as the best run state in the country now the second largest oil producer in the u.s. north dakota has the lowest unemployment rate in 2011 at 3.5 percent. the biggest gdp growth and highest jump in home values from 2 0e 006 to 2011. wyoming dropped to second place due to the economy. but 24/7 says that state is efficient at managing the debt and tax foundation says it has the business friendly tax structure. ue ktah and iowa round occupy t top 5. california takes the top spot of worst run state for second year in a row now. they match debt rates and

unemployment rates for that fall. california has one of th income tax burdens and according to the tax foundation it's the third worst business tax climate in the country. on the upside the report says the state is making progress with getting finances back on track. read island, arizona and new jersey round out the top worst run states. good information there, diane. thank you so much. 15 minutes before the hour. that's the rundown. if your mom is nagging you about getting married we determine if that mom of yours is normal or nuts. sometimes it is easy to spot a liar. >> it is a bit extreme. >> that's the thing nowadays. >> he said he would accent my facial features. >> it does. it accents your facial features. >> they say practice makes

perfect especially when it comes to telling tall tales. speaking of that let's check in with brian kilmeade. >> you can't believe me i promise it will be on over the next three hours. fox and friends is coming your way. we are talking about well dolly parton will be with us live. we will go live to the auto show. rick warren answers questions why the heck are we here and country singer has all of his instruments and a huge crew. he will be singing live for us coming up 6:00 a.m. eastern time. dare i say the president of the united states is going campaigning again. save us all. don't forget to watch fox and friends. it's coming up soon. [ male announcer ] we all make bad decisions. like say, gas station sushi.

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>> good morning to you. 10 minutes before the hour as we

take a look at the good, the bad and the ugly. first the good. a new attraction will be zipping through las vegas. they have unveiled plans to replace the 70 foot zip line with a 120-foot one. it will be called swat zilla. the atheists taking aim at a tiny kansas town of voler. they are threatening to sue the city unless this cross is taken off this field. many in the community are frustrated and disappointed. finally the ugly. practice makes the perfect liar? >> it's a bit extreme isn't it? >> no, that's the thing nowadays, right? >> a new study finds all it takes is 20 minutes of practicing a lie just to make that lie sound like the truth. >> sounds like one for dr. ab low. >> it's a question we ask

ourselves from time to time are you normal are you nuts? dr. ablow is here to answer your questions. >> the first one, a lot of girls get this from parents. how do i get my mother to stop nagging me about when i am going to get married. i am 29 years old but my mom is worried because they are married. she is not nuts but she is intrusive. i have a quick antidote to identify three things you have identified about your mom lovingly she has been working on counseling with your dad or a fitness regimen. say listen i to focus on the marriage thing when you attend to these three things. that is likely to stop your mom from being inclusive in your life. >> picture frames is this nuts.

>> it's way normal. human beings for whatever reason they are tremendously interested in cemetery. have you ever heard of a man with half a beard? it would be disturbing instinctively disturbing. stop using it as framing maybe you have a gift at looking at cemetery. think about art and architecture. maybe you have a special design test? that's the way to see this. >> i like that glass half full. >> third e-mail i am newly married pregnant with my second child and my husband speaks harshly during disagreements or conflicts. he often tells me to shut up and says my way of thinking is sick or insane. what do you think? >> lunatic. what can job crazy man. the bottom line is trying to convince her emotionally abusing her is normal. she is crazy for staying in that marriage. bottom line is, here's the cure,

see you later or fix it. therapy or i am gone. >> especially with the kids. fixing it. >> come to my office. open for business. >> so good to see you dr. ab low. go to friendsfirst@foxnews.com and he will tell you if you are normal or nuts. >> it is 54 after the hour. 6 minutes to the top of the hour still ahead people are lining up for the power ball jackpot to test their luck. well it's your last chance to answer our question of the day. what would you do if you won the 500 million bucks? we are going to be reading those e-mails next.

this bible changed the world. i'm kirk cameron. four hundred years ago our forefathers risked their lives to bring this bible to the shores of america. because it contained the principals for economic liberty, political liberty and religious freedom. the 1599 geneva bible. it was the first complete english

translation, complete with chapters, numbered verses and 300,000 utterly unique study notes. it actually came out before the king james version and because the government didn't authorize it, it was outlawed. but it was a bible by the people, for the people, the book that built america. and now for the first time in 400 years it's available again in a beautiful leather edition. i have one, i want you to have yours too. please visit genevabible.com and get your copy of this rare and historic version of god's word today. thank you and may god bless you.

>> good morning to you. they are dreaming of the good life and now the powerball jackpot is $500 million bucks and people are hoping to cash in on this. >> stephanie joins us live from a 7-11 in frankfurt,

pennsylvania. what are things looking like there? >> people are coming in slowly. and so there is not too long of a line just yet. that is a big chunk of change. what are the chances of winning. it is crazy mon yethe odds are just as crazy. if you won you would be one out of are of 1divide 5-- 175 million people. the jackpot has rolled over 16 consectative times without anybody hitting the big prize and the chances of that happening again are five percent tonight. and tonight is the night. you may want to get here early . 60 percent of the lottery sales happen on the day that the jackpot is drawn. chances are you will wait in

line. >> that brings us to this. we wanted to know if you were to beat the odd and win the powerball, what would you do with 500 million dollars. >> i would give it to the people hurt by hurricane sandy especially the new jersey store and staten island. >> i would buy the colorado rockies baseball team. my ownership couldn't make it any worse. >> i would build my dream home and share with family and charity. one million to "fox and friends" favorite charity with the hopes of the invitation to meet heth eheth, andainsley. >> you can come in. >> and thank you so much for all of your responses. >> charity. >> buy my mom a house. >> and send our kids to